Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)

Citation: Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)
Parent Document: Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)
Jurisdiction: New Hampshire (state)
Effective Date: 2022-07-20
Original Source: https://www.courtlistener.com/opinion/10271738/jerry-gaucher-v-gary-e-waterho... ↗

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A material breach of contract by one party to a contract discharges the
duty of performance of the other. See Fitz v. Coutinho, 136 N.H. 721, 724-25
(1993). A breach is material if: (1) a party fails to perform a substantial part of
the contract or one or more of its essential terms or conditions; (2) the breach
substantially defeats the contract’s purpose; or (3) the breach is such that
upon a reasonable interpretation of the contract, the parties considered the
breach as vital to the existence of the contract. Found. for Seacoast Health v.
Hosp. Corp. of America, 165 N.H. 168, 182 (2013). Whether a delay in
payment is a material breach is a question for the trier of fact to determine
from the facts and circumstances of the case. Fitz, 136 N.H. at 725.

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